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Defamation Act 2009 Appeals

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  • 14-03-2011 1:31pm
    #1
    Tionscadal
    Closed Accounts Posts: 2 ✭


    I'm doing my thesis on the Defamation Acts both 1961 and 2009 and looking at famous media cases in Ireland. In the 2009 Act it says about defendants appealing to the High Court for disproportionately high awards but I can't find anything about how a plaintiff who has lost a case can appeal. Can anyone help me out?


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    #2
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    s. 13 regarding Supreme Court being able to substitute the award a jury gave?

    http://www.irishstatutebook.ie/2009/en/act/pub/0031/sec0013.html#sec13

    A party always had a right to appeal a High Court judgement to the Supreme Court, or a Circuit Court judgement to the High Court before the 2009 act.

    The problem was that since the award of damages was a finding of fact by the jury about how much a Plaintiff's reputation was damaged, the Supreme Court would not substitute its own idea of what the award should be if the award was too high but rather remit to a different High Court jury to decide the award.

    This led to the situation in the O'Brien case where even though the first award was over turned by the Supreme Court, the second jury actually awarded a higher figure in damages.

    S. 13 is to allow the Supreme Court to substitute the award figure without ordering a rehearing.


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    #3
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Tionscadal wrote: »
    I'm doing my thesis on the Defamation Acts both 1961 and 2009 and looking at famous media cases in Ireland. In the 2009 Act it says about defendants appealing to the High Court for disproportionately high awards but I can't find anything about how a plaintiff who has lost a case can appeal. Can anyone help me out?

    Well over and above the last poster remarks, there is a right of appeal in any event should the plaintiff opt to do so. Section 13 is relevant. I am assuming you are aware of the operation of the appellate jurisdiction of the Irish Courts? I wouldn't get to bogged down on it.


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